ECHR Decisions Archives

Procedure imposed on a resigned army officer for buying back his remaining years of service was contrary to the Convention

Article 4
23/10/2017 11:49

JUDGMENT: Chitos v. Greece 04.06.2015 (no. 51637/12) see here SUMMARY: The case concerned an army officer who had been forced to pay a fee to the State in order to resign before the end of his period of service. This is the first time that the Court has ruled on this matter. The Court considered […]

The end of human beings treated like experimental animals by the ECHR

Article 3
23/10/2017 11:42

JUDGMENT Bataliny v. Russia 23.07. 2015 (no. 10060/07) see here SUMMARY The use of a new drug in a patient for experimental reasons without his consent consists of degrading treatment. Infringement of Article 3 of the ECHR. PROVISION Article 3 PRINCIPAL FACTS The applicants, Vladislav Batalin, born in 1977, and his parents, Igor Batalin and […]

Following conviction of war crimes in his absence, defendant should have had a real possibility of a rehearing of his case

Article 6
23/10/2017 11:00

JUDGMENT: Sanader v. Croatia 12.02.2015 (no. 66408/12) see here SUMMARY The case essentially concerned the complaint by a man convicted in his absence of war crimes – committed in 1991 as a participant in Serb paramilitary forces – that he was unable to obtain a rehearing of his case. The Court found that the possibilities […]

Use of anonymous witness testimony without measures to compensate for the handicaps caused to the defence by the lack of a direct confrontation with the witness

Article 6
23/10/2017 10:53

JUDGMENT: Balta and Demir v. Turkey 23.06.2105 (no. 48628/12) see here SUMMARY: The case concerned the applicants’ conviction for membership of an illegal organisation, on the basis of statements by an anonymous witness whom the applicants were unable to question at any stage of the proceedings. The Court observed that the applicants and their lawyers […]

The limits of extradition to terrorism cases

Article 3
23/10/2017 10:07

JUDGMENT : Aswat v. United Kingdom 29.01.2015 (no. 17299/12) see here SUMMARY The case of Aswat v. the United Kingdom (application no. 62176/14) concerned the complaint by a terrorist suspect about the inadequacy of the assurances provided by the Government of the United States with regard to his extradition from the United Kingdom to the […]

The validity of the presumption of innocence following a Strasbourg decision.

Article 6 - Par. 2
23/10/2017 09:43

JUDGMENT: Dicle and Sadak v. Turkey 16.06.2015 (no. 48621/07) see here SUMMARY: The continuation of the conviction in the criminal record despite the commencement of the repeat procedure constitutes a breach of the presumption of innocence. This case concerned the consequences of the reopening of proceedings in the national courts of criminal jurisdiction following the […]

Euthanasia in the ECtHR

Article 2
23/10/2017 09:28

JUDGMENT Lambert and others v. France 05/06/2015 (no. 46043/14) see here SUMMARY: Euthanasia. No violation of Article 2 (right to life) by France to authorize Vincent Lambert’s cessation of artificial feeding and hydration. COMMENT Euthanasia is an issue Strasbourg still faces within the discretion of the Member States. The expectation by the ECtHR of the […]

ECHR and conditions of release with warranty

Article 5
22/10/2017 12:48

JUDGMENT Magee and others v. the United Kingdom 12/05/2015 (no. 26289/12, 29062/12, 29891/12) see here SUMMARY: Conditional release on bail (Article 5 § 3 ECHR). The Court ruled that the accused was still in the “early stages” of deprivation of liberty during the 12-day period (first part), so that the examination of the released prison […]

ECHR Decisions